Muslim Father Inheritance Share
Not many inheritance laws worldwide recognize the Father as the primary heir except in Intestacy succession. Under Muslim succession law, Muslim Father inherits as primary heirs. Muslim father receives one-sixth (i.e., 1/6) fixed or prescribed division.
Father can receive additional residue (i.e., one-sixth share + Residue) if Sons and Sons of Sons how low soever do not survive. Father inherits one-half (i.e., 1/2) share only if surviving inheritors are Father, Mother (receives one-fourth or 1/4), and Wife (receives one-fourth or 1/4 of prescribed share).
Father inherits one-third (i.e., 1/3) if only surviving inheritors are Father, Mother (receives one-sixth or 1/6 prescribed share), and Husband (receives one-half or 1/2 prescribed share). The father's share can vary in certain conditions due to the decrease or increase of total shares under the Radd and Awal (or Aul) scenario. Refer to "Islamic inheritance sharers and residuary" to learn more.
If Husband left with Wife or Widow, Husband's parents will be eligible for division. If Wife left with Husband or Widower, Wife's parents will be eligible to receive division. This feature is unique under Muslim succession law; you may not find many other laws.
Certain Hajb (i.e., blocking or exclusion) rules are applicable for ascendants of Father. Father under Islamic inheritance law cannot be blocked by any inheritors, but Father blocks Father of Father how high soever as siblings and their descendants. Father blocks the Mother of Father as per Hanafi, Shafii, and Maliki but not as per Hanbali.
The Father also can own lifetime gifts (i.e., Hiba or Hibah) from their children without any classification or restrictions.
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The content of this article has been reviewed and endorsed by Dr. Mahir J. (Ph.D.) and Mufti Muhammad Nazir K. (Pursuing Ph.D.)
